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Judge sentences Marko to life plus 84 years

February 28th, 2011, 2:29 pm by

Robert Marko. Gazette file photo.

UPDATE: A judge has sentenced Robert Hull Marko to life in prison plus another 84 years for the rape-murder of one woman and the sexual assault of a teenager.

Both crimes were committed within a week of each other in the same general area off Old Stage Road. Here’s a blog of the sentencing hearing:

Good afternoon court watchers,

This is John Ensslin, Legal Affairs reporter for The Gazette, coming to you live from Division 5, where in a few minutes a judge will sentence Robert Hull Marko.

Marko, a former Fort Carson soldier and Iraq War veteran, is facing a mandatory sentence of life without parole for the October 2008 rape-murder of Judilianna Lawrence.

While the outcome of the murder sentence is a given, the hearing will be an opportunity for Lawrence’s relatives to address the judge.

On Feb. 3, a nine-woman, three-man jury took about ten hours over two days to find Marko guilty of first-degree murder after deliberation plus two counts of sexual assault and two counts of attempted sexual assault.

Marko’s public defenders argued during the trial that the 23-year-old Iraq war veteran was legally insane at the time of the murders and that his mental illness dated back to when he was a child growing up in Michigan.

It was then, after years of neglect and abuse, that he developed an alternate personality known as “Rex 290” a lethal black raptor dinosaur, they said.

 They argued that Marko would retreat into that persona whenever he was confronted with stressful situations. They contend that’s what happened on the day Lawrence was murdered.

But prosecutors countered that Marko’s actions following the murder showed he was not psychotic, but rather a cold calculated killer who gave various versions of what had happened before leading El Paso County Sheriff’s deputies to where they found Lawrence’s body.

Marko has just been brought into the packed courtroom.

First up is the mother of a teenage girl whom Marko pleaded guilty to sexually assaulting five days prior to the murder in the same general wooded area.

She describes how Marko, “altered how she acts in public…how she sleeps”

“In this one day, he was able to instill a whole new level of fear in her,” she continued.

“As a parent, it’s the hardest thing to watch what she has gone through.”

“In our opinion, this man is a predator,” she added.

She asked him to impose the maximum sentence on the sex assault charges.

John Lawrence, Judilianna’s daughter addresses the judge.

He noted the sentence for the murder charge is mandatory.

“You don’t have a choice,” Lawrence said. “Society demands it.”

“He (Marko) picked on women, young and small,” the father added.

“I wish him 100 years in a place where he’d never thought he’d be,” the father concluded. “Every single minute of it. I want him to do it all.”

Wes Marko, the defendant’s father addresses the court.

He questioned why the military and the community did not react sooner to a series of murders and attempted murders carried out by several soldiers shortly after they returned to Fort Carson after intense fighting in Iraq.

He asked why the Army sent his son into the war zone after questions were raised at the base about his mental health.

“They got their body,” the father said. “He was red-flagged and then they turned around and he was cleared to go.”

None of that justified what his son did, Wes Marko added. But he asked if more had been done earlier to deal with soldiers returning with mental health problems if lives could have been saved.

“I’m just at a loss as to why,” he said.

“There’s a lot of what ifs here. There’s a lot of other people to blame,” he added.

“I just don’t know why they waited so long,” he said.

Next, the judge offered Robert Marko a chance to speak. He declined.

Deputy District Attorney Deb Pearson makes her argument to the judge.

“There are no excuses.” Pearson says of Marko’s actions. “It’s not the Army. It’s not his childhood. He was the one who was making all the choices on Old Stage Road.”

“The people would ask for nothing less than the maximum” she adds.

Judge Schwartz calls the crimes Marko committed “horrendous”

There’s absolutely nothing to mitigate what Marko did, Schwartz said.

“I agree there is absolutely nothing to justify that these two crimes were committed within a week,” the judge said.

Schwartz imposed the maximum sentences on all counts with the sex assault sentence of 32 years to life to run consecutive to the life sentence for the murder.

Here’s the breakdown on the sentence:

First-degree murder: life without parole

Sexual assault (two counts): 10 years to life (consecutive)

Attempted sexual assault (two counts): 6 years to life (concurrent)

Sexual assault on a child (two counts, for the earlier incident): 32 years to life (consecutive)

I’ll end this blog here. Watch for the full story plus video later today at gazette.com

The Daily Docket

February 28th, 2011, 9:58 am by
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Know of a court story I ought to be covering? Let me know.

My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

The week ahead

February 27th, 2011, 10:16 am by

Zeb Pike, court watcher

 

For a short work week, last week was the most insanely busy four days in the 4th Judicial District since I started covering this beat nearly two years ago.

It was a crazy busy week as well for my colleagues on the Gazette’s public safety team as they raced to stay current on the story of the tow truck driver’s death.

This week looks a bit less hectic, but there are a couple of interesting cases coming up. Here are a few of them:

Jury deliberations resume at 8:30 a.m. Monday in Division 4 in the first-degree murder trial of Daniel Gudino, the 15-year-old Colorado Springs boy accused of killing his younger brother and wounding their mom. Here’s my most recent story on the closing arguments.

Also on Monday, former Fort Carson soldier Robert Marko is scheduled to be sentenced to life in prison without parole after a jury found him guilty of first-degree murder and sexual assault of Judilianna Lawrence. Here’s my most recent story on the verdict.  

Fourth Judicial District Judge Larry Schwartz is scheduled to impose the sentence at 1:30 p.m. in Division 5. I’ll be live blogging the hearing, so stay tuned to The Sidebar.

Judge Schwartz also is scheduled to sentence Tammy Patton, a Peyton woman who pleaded guilty to forgery. Patton originally had been charged with bigamy, but that charge was dropped as part of a plea bargain. Here’s my most recent story.  

On Friday at 9 a.m. in Division 14, Judge Kirk Samelson is scheduled to sentence Delroy Henry, a former Fort Carson sergeant who pleaded to securities fraud. Henry, who was accused of bilking fellow soldiers out of thousands of dollars, could face up to 12 years in prison. Several of the victims in the case are expected to testify. Here’s my most recent story on the plea.

Also on Friday at 1:30 p.m. in Division 2, there’s a preliminary hearing scheduled for two of the suspects arrested in connection with the theft of an urn that contained the ashes of a Black Forest’s man’s wife. Here’s our story on the case.  

As always, court hearings often are delayed and rescheduled, so what you see here may not happen.

Do you know of a court story that I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Vox Pop: The Marko Trial

February 4th, 2011, 7:43 am by

A jury Thursday found Robert Hull Marko guilty of first-degree murder and sexual assault in the October 2008 slaying of Judilianna Lawrence.

I’m curious to know what you think of the verdict.

Did the jury make the right decision in the Robert Marko trial?
View Results

Reaction to the Marko verdict

February 3rd, 2011, 8:01 pm by

Moments after a jury found Robert Hull Marko guilty today of the first-degree murder and sexual assault of Judilianna Lawrence, the victim’s father came over to talk to the reporters gathered outside the courtroom.

Here’s the video of what he had to say. Normally I trim these videos down a bit, but I found this one so compelling that I’ve just let it run.  Be forewarned, it’s a very difficult, emotional and heart-breaking seven minutes of footage.

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This just in: verdict in the Marko trial

February 3rd, 2011, 3:34 pm by

Robert Hull Marko. Gazette photo by Mark Reis.

Hello court watchers.

This is John Ensslin, Legal Affairs reporter for the Gazette, coming to you live from Division 5 where the jury has reached a verdict in the first-degree murder trial of Robert Hull Marko, the Fort Carson soldier accused in the Oct. 10, 2008 rape-murder of a 19-year-old woman.

Marko, 23, has just entered the court room. He has pleaded not guilty by reason of insanity in the death of Judilianna Lawrence.

All of the lawyers are here as well. The courtroom is quickly filling up.

As soon as the verdict is in, I’ll post it. Stay tuned.

The verdict comes after the jury had deliberated for about 10 hours. The trial began three weeks and two days ago.

Marko’s public defenders had argued that he is severely mentally ill. They noted he had been diagnosed with post traumatic stress disorder by age nine after an abusive childhood in western Michigan.

That mental illness was made worse after an 11-month tour of combat duty in Iraq, they contended.

On the day of the murder, they claimed Marko retreated into his delusional alter ego “Rex 290″ a black raptor.

Prosecutors countered that Marko knew exactly what he was doing when he raped Lawrence, bounded and gagged her, tied her to a tree and slit her throat.

They claim that afterwards, he spun a web of deception, giving El Paso County sheriff’s investigators several versions of what happened before leading them to where they found Lawrence’s naked body, 2.7 miles up Old Stage Road southwest of Colorado Springs.

Judge Larry Schwartz and the 9-woman, 3 man jury have just entered the courtroom. Inn  the back of the room, a baby has begun to cry.

Schwartz reads the verdict.

Murder first degree: guilty

Felony murder: not guilty.

Sexual Assault: guilty

The Daily Docket

February 3rd, 2011, 10:16 am by
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Know of a court story I ought to be covering? Let me know. My e-mail: john.ensslin@gazette.com

John C. Ensslin

Legal Affairs reporter

The Gazette

Live from the Marko trial: closing arguments

February 2nd, 2011, 8:58 am by

Robert Hull Marko, left and Deputy Public Defender Deana Feist. Gazette photo by Mark Reis.

Good morning court watchers,

This is John Ensslin, legal affairs reporter for the Gazette, coming to you live from Division 5, where closing arguments are about to begin in the first-degree murder trial of Robert Hull Marko.

Marko, a 23-year-old Fort Carson soldier, is accused of first-degree murder and sex assault in the October 2008 death of Judilianna Lawrence, a 19-year-old woman whose naked body was found 2.7 miles up Old Stage Road. Her throat had been slit.

Marko has entered a plea of not guilty by reason of insanity.

If the nine-woman, three-man jury convicts him of the first-degree murder charge, he faces a mandatory sentence of life in prison. If the jurors find him not guilty by reason of insanity, he faces an indefinite commitment to the Colorado State Mental Health Institute in Pueblo.

In an unusal move, there are two judges on the bench. Fourth Judicial District Judge Larry E. Schwartz has a cold and has all but lost his voice. Thus Judge Thomas Kane is sitting along side of him and reading the instructions to the jury.

Deputy District Attorney Deb Pearson. Gazette photo by Mark Reis.

Deputy District Attorney Deb Pearson begins her closing argument that Marko had control of the crime scene and all the evidence on Oct. 10, 2008.

“This is the point in time when the community takes control of his actions,” Pearson said.

She quickly takes aim at Marko’s insanity defense.

“He made a decision to do what he did,” she said. “He knew exactly what he was doing.”

Pearson takes the jury through the various versions that Marko gave to El Paso County Sheriff’s investigators after Lawrence’s mother reported her missing.

She details how at first he denied knowing her. Then later he admits to dropping her off at a mountain location. Then how he had sex with her. How he pushed her off a cliff.

Pearson then plays excerpts from the video statement where Marko admitting slitting Lawrence’s throat with his knife.

“In one swift move, I did it,” Marko says on the taped interview with Detective Cliff Porter.

Pearson adds: “Hardly sounds like someone who has amnesia.”

This last comment is aimed at Marko’s later claim that he had no memory of the details of Lawrence’s murder and came too standing over her body.

Pearson also dismisses Marko’s claim that he retreated into a violent alternate persona of “Rex 290″,  a black raptor who took control of his actions that day.

She goes over his actions after the murder, when Marko went to a 7-Eleven and went to a haunted house and movie with his girlfriend.

“He doesn’t say, ‘please call me Rex.’ He consistently idenitifies himself as Robert Marko because that’s who he is,” Pearson said.

“He thinks he can outsmart law enforcement. But eventually they catch up,” she added.

Pearson shows the jurors a picture of Lawrence.

“Judi was a member of our community,” she reminds them. She didn’t deserve what happened to her, she adds.

Pearson points to Marko and asked the jurors to find him guilty of her murder.

Deputy Public Defender Dan King. Gazette photo by Mark Reis.

Deputy District Attorney Dan King begins his closing argument by showing a picture of Marko in his military uniform with the words “Robert Marko” and “Rex 290″ next to the photograph.

“I’m a pure-blooded black raptor born as a human,” King says, quoting from Marko’s writing. “I am a cold-blooded killer.”

King faces his client.

“This man is Robert Marko,” King said. “He’s damaged. He’s disassociative. He’s damaged.”

“He slit Judi Lawrence’s throat up on top of that mountain for no reason,” King continued.

“The prosecution has suggested a theory to you of how this case took place,” he added. “The problem is that their theory makes no sense.”

“The prosecution theory provides no explanation of what happened or why it happened,” King added. “It just doesn’t make sense when you ignore Mr. Marko’s severe mental illness.”

King shows the jurors a photograph of Lawrence.

“I’m concerned that this young lady was left to die…bleeding to death,” King told the jury. “That is horrible! Horrible!”

“She did nothing to deserve this,” King said. “Her family did nothing to deserve the torture and torment they are going through.”

King talked about how it’s a natural response to be sympathetic to the victim and her family and to find someone responsible for her death.

But King said his concern is that “because of the senseless horror of this crime, that you will not follow the law.”

“We are asking you to do something that’s going to be very difficult if you follow the rules,” King said. “But it’s the right thing to do.”

He reminded jurors that soldiers such as Marko are fighting every day to protect basic freedoms and the rule of law.

“That is meaningless unless you as jurors respect that law.”

King takes aim at the sex assault charge against Marko by showing the jurors the exchanges between his client and Lawrence on the MySpace pages.

“It’s obvious when you read this that they were having sexual contact with each other,” King said. “These two people were seeing each other.”

In addition to the issue of consent, King noted there was no DNA or sperm found in Lawrence’s body after her body was discovered. Nor were there any defensive wounds.

“It’s just not proven that there was a struggle,” King said.

King describes the abuse that Marko suffered as a child and how his mother abandoned him.

He talks about how Marko was diagnosed as a child with post traumatic stress disorder.

“This was a child with severe mental illness at age nine,” King said.

He talks about how an Army doctor described Marko as have a “schizotypal personality disorder.

“He’s about as schizotypal as you can get,” King said.

King addresses the conflicting psychiatric evidence in the case. Experts called by both sides disagreed on whether Marko was legally insane at the time of the slaying.

King said Dr. Hal Wortzel, the prosecution witness “is a nice guy.” But he suggests that he’s young and “that he pretty clearly has some bias.”

He also argued that Wortzel failed to watch a video tape of Marko’s interview with Detective Porter.

“It’s not right and it’s not reliable,” King told the jury.

Watch the video. Just don’t accept what’s being foisted on you,” he tells the jury.

The battery on my computer is about to run out so I’m going to stop this blog here.

Stay with gazette.com later today for the full story.

Notes from the Marko trial: skeptical questions

February 1st, 2011, 8:39 pm by

Fourth Judicial District judge listened to Deputy District Attorney Deb Pearson. Gazette photo by Mark Reis.

At the end of a long day of testimony, the psychiatrist testifying for the defense in the first-degree murder trial of Robert Hull Marko faced some tough, skeptical questions from the jury.

Dr. Jonathan Woodcock had been on the witness stand for nearly 8 hours when Judge Larry E. Schwartz read several juror questions.

If Marko was mentally ill as Woodcock testified, one juror asked “Why would he need to fabricate lies and cover up what he did?

 I can’t give you a rational explanation,” Woodcock replied. The juror’s question implied some sort of logical connection, the psychiatrist said. “I think his mental state is much more complex than that. His coping at that time was not logical.”

 Another juror wanted to know “If Marko can’t tell right from wrong, why would he be worried about what Judi (the victim) was going to tell his girlfriend about having sex?”

Marko’s inability to tell right from wrong occurred during moments of rage, which could be fairly brief, Woodcock replied.

“Is it possible he’s lying to you like he was doing to the Army and the police?,” another juror asked.

Yes, that’s possible, Woodcock replied. But it wouldn’t alter the psychiatrist’s opinion that Marko was delusional and mentally ill.

Marko seemed to like the Army and enjoyed being a soldier, another juror observed. How did that affect Woodcock’s view that Marko’s combat experience made his Post Traumatic Stress Disorder worse?

“In this situation, his (Marko’s) alter ego is militaristic,” Woodcock replied.  “There were things about the military that were good for him.” He cited the structure the Army provided as an example.

“But at the same time, going through combat he struggled,” he added.

The jurors will begin answering these questions for themselves when deliberations on Wednesday after closing arguments.

Stay tuned to the Sidebar blog for the closings and the verdict.

Live from the Marko trial, part two

February 1st, 2011, 4:00 pm by

Deputy District Attorney Deb Pearson. Gazette photo by Mark Reis.

Hello court watchers,

I’m back at the first-degree murder trial of Fort Carson soldier Robert Hull Marko.

Dr. Jonathan Woodcock, a psychiatrist called by the defense is still on the stand.

He is being cross-examined by Deputy District Attorney Deb Pearson.

(Woodcock’s testimony has taken up most of the day. At this point, it does not appear that the case will go to closing arguments until Wednesday.)

Pearson asks Woodcock about his description of Marko acting in a delusional manner based on the rage that was inside him.

 “Was it the rage that caused the murder?” Pearson asked.

 Woodcock replied no one thing caused the murder.

“I don’t think it boils down neatly to a cause,” he said. “What caused the murder? Severe mental illness caused the murder.”

Later, Pearson asked, “Is is important what happened after the murder – more important than what happened 12 years ago?”

Prosecutors have argued that Marko’s behavior after the murder, which included a trip to a 7-Eleven, going to a haunted house and then a movie with his girlfriend – show that he was not insane at the time of the October 2008 rape-murder.

“Not at all,” Woodcock replied. “What happened after the murder didn’t cause the murder.”

Deputy Public Defender Dan King. Gazette photo by Mark Reis.

Deputy Public Defender Dan King followed up with some questions on Marko’s behavior after the murder.

Could they be described as callous? he asked.

“Absolutely,” Woodcock replied.

“What does that behavior tell you about Mr. Marko’s psychopathology?” King asked.

Woodcock said it shows Marko’s condition was “extremely severe” given his ability to compartmentalize what had just happened at the crime scene.

“He’s shutting off all that informs us as humans,” Woodcock added.

“So does his behavior after these events support your conclusions?” King asked.

“Absolutely,” Woodcock replied.

The trial has recessed for the day so I’ll end this blog here.

There is a possibility that prosecutors may call a rebuttal witness tomorrow morning.

Closing arguments will follow.

Stay tuned to The Sidebar for the latest on this trial.